Former California governor Jerry Brown signed a new law in 2018, in addition to SB 778 California mandate regarding sexual harassment prevention training, introducing Senate Bill 1343 or California SB 1343 sexual harassment training requirements that certain employers must follow. Because sexual harassment and discrimination in the workplace are unwelcomed, the California Department of Fair Employment and Housing (DFEH) strictly enforces the new sexual harassment training and education requirements.
If an employer fails to meet the requirements set forth by Fair Employment and Housing Act (FEHA), then the employer can face non-compliance fees from the California Department of Fair Employment and Housing.
Below, we will review the new requirements and how to fully comply so that you can avoid facing penalties from the state department.
If you want to comply with these regulations without spending all the time to figure it out, then EasyLlama can help you. EasyLlama is an online training and education program that offers sexual harassment training California courses to comply with the SB 1343 law.
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What is the Fair Employment and Housing Act's SB 1343?
California Senate Bill 1343 (SB 1343) is an amendment to Section 12950 and Section 12950.1 of the Government Code relating to workplace harassment and discrimination in employment. Passed in 2018, the new law made changes to the sexual harassment prevention training requirements. The new law SB 1343 requires California employers who employ five or more employees, including temporary employees and seasonal employees, to provide at least two hours of sexual harassment prevention training to all supervisory employees and at least one hour to nonsupervisory employees. By January 1st, 2021, employees must fully be trained in order to meet the California sexual harassment deadline.
Download the guide outlining all the state and local laws around sexual harassment prevention training requirements.Ultimate Guide To State And Local Harassment Prevention Training Requirements
What Changes Were Made to AB 1825?
SB 1343 changes the previous rules set by the preexistingCalifornia AB 1825 sexual harassment training requirements. AB 1825 made California employers required to provide sexual harassment training and education to his or her supervisors if they employed or regularly received services from fifty or more persons. The bill ordered supervisors to complete a sexual harassment prevention training program at least two hours long within six months of their hire date or within six months of getting that supervisor position. The bill required these employees to complete the training every two years after their last completion date.
Adding on to AB 2053
SB 1343 also builds on AB 2053 which was added to Section 12950.1 in 2014. The AB 2053 sexual harassment training requirements made changes to include the prevention of abusive conduct to the Government Code. It defined abusive conduct as verbal abuse, derogatory marks, insults, and hostile or offensive verbal and physical conduct.
The new SB 1343 adds to AB 2053 by also requiring non-supervisory employees to complete the harassment and abusive conduct training along with the supervisors. Non-supervisory employees needed to finish one hour of sexual harassment education and training in less than six months of their hire date. Afterward, the employee was required to complete the training courses every two years from their last completion date.
New Changes to the Existing Law
A new change that SB 1343 brought to Section 12950 and Section 12950.1 was that any temporary employee that an employer hires is required to complete the training too. An employer must provide sexual harassment training to any seasonal or temporary employee that is hired to work for less than six months. California SB 1343 requires that an employer must provide the training to employees within 30 calendar days after the hire date or within 100 hours worked, whichever comes first.
Deadline to Comply
By January 1, 2020, employers with 5 or more employees must provide the necessary training to their employees, however, if the employee received training after January 1, 2019, they did not need to meet the January 1, 2020 deadline (which was later extended to January 1, 2021).
In the special case of the employee working for a temporary services provider, as defined in Section 201.3 of the Labor Code, the training would be provided by the temporary services employer, not the employer receiving the services.
What is Required of the Sexual Harassment Prevention Training and Education?
So if the employer has five or more employees in California, he or she must provide a two-hour harassment training to supervisors, a one-hour course for nonsupervisory employees, and a course for their short-term employees who must finish within 30 calendar days of their hire date.
Now that we understand who has to complete the training and by when let's discuss what the training must-have. The necessary training is meant to serve as a minimum threshold for what is required of an employer in the workplace. The requirements are meant to create employees who are trained and educated in sexual harassment. For compliance with the California harassment training requirements and to create a harassment-free workplace, the training must provide information on or address the following:
The legal definition of sexual harassment under California FEHA and Title VII of the Civil Rights Act of 1964.
Provide practical guidance regarding laws and state statutory provisions concerning the prohibition of sexual harassment, discrimination, and retaliation.
Include practical examples aimed at instructing employees on abusive conduct that constitutes California harassment.
An employees' obligation to report abusive conduct and other forms of unlawful discrimination in the work environment.
A detailed description of the reporting process to serve as remedies available to victims of sexual harassment in employment.
Information and practical guidance on what employees should do if they are accused of harassment themselves.
Training in the workplace to avoid harassment and discuss which strategies constitute an effective anti-sexual harassment policy.
Supervisors and nonsupervisory employees must retake the training course every two years since their last course completion date. Not only is this important for compliance with the law, but it allows the employees to be trained frequently with the most up-to-date information on policies.
Looking for Convenient Sexual Harassment Training?
Sb 1343 introduced many new requirements for sexual harassment training. One thing that has stayed the same is the ability to meet the requirements through online training. There's a reason why we don't recommend the free online California harassment training. EasyLlama is an online platform that provides convenient courses for supervisors and nonsupervisory employees to be trained. EasyLlama's comprehensive program includes:
- an interactive sexual harassment training through bite-sized web episodes
- the convenience of usability through different platforms such as mobile devices
- flexibility by allowing users to go at his or her own pace
- knowledge and comprehension checks from quizzes throughout the course
- user progress and completion tracking to notify employers every two years when users must repeat the program
Through EasyLlama, employers can monitor their employees' harassment training while being reassured that they are receiving top-of-the-line training. By using an online training platform, EasyLlama is able to quickly reach several employees to provide the necessary material for compliance.
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